Administrative opportunities andobstacles in naturalisation procedures

Thomas Huddleston (MPG)

Co-financed by the European Fund for the Integration of Third-Country Nationals

• 38 indicators compare formal aspects of naturalisation procedure. These include all stages, from efforts by public authorities to inform applicants to the options to appeal a negative decision.

• 5 dimensions covered administrative procedure:

1) Promotion: how much do authorities encourage applicants to apply?

2) Documentation: how easily can applicants prove they meet the conditions?

3) Discretion: how much room do authorities have to interpret conditions?

4) Bureaucracy: how easy is it for authorities to come to a decision?

5) Review: how strong is judicial oversight of the procedure?

Citizenship Implementation Indicators (CITIMP)

Positive link to certain extent between law (CITLAW) & procedure (CITIMP)

Unlike most, EE & LV havemany legal obstacles but facilitate the procedure

Inclusive legislation isundermined by obstaclesin procedures in BE**, IE,CY, and MT.

**Procedure replaced as of 1.01.2013

Summary of Findings

• Limited promotion by state: basic materials & ‘normal’ costs• Demanding documentation, esp. from CoO & w/out exemptions• Generally discretionary procedures, but with some limits• Some bureaucracy, esp. for info, duration, & final decision • Basic review: right to reasoned decision & appeal, less so for ‘tests’

Summary of Findings

Promotion linked to discretion, but not legal requirements

Opportunities: • Basic promotional materials, websites, and study guides

• ‘Normal’ costs for courses and tests (note: interviews often free)

• Some sort of citizenship ceremony in most countries

Missed opportunities:• Hardly any state campaigns (see EE, LV, MK, Berlin, Hamburg)

• Few promotional services (information, application-checking)

• Promotion rarely targets society at large

Promotion

Documentation

DocumentationOpportunities: • Relatively clear documentation for residence/ID

• Some flexibility for language proof

• Many exemptions for few countries with renunciation requirements

Obstacles:• Country of origin birth certificate or ID, translated & legalised

• Weak and discretionary alternative means to prove identity

• Few exemptions on language/integration test (mostly vulnerability)

• Hardly any exemptions for criminal or income requirement

Discretion

DiscretionOpportunities: • Tests in EU15: Less discretion & greater transparency

• Limits on discretion in renunciation & criminal record requirements

Obstacles:• Generally discretionary procedure (rights-based in only 9 countries)

• Additional discretionary grounds for rejection

• Discretionary integration interviews in Central & Southern EU

• Few language/integration tests from independent specialists

BureaucracyBureaucracy linked to documentation & discretion

Opportunities: • Same specialised unit receives, checks, and decides on application,

esp. in EU-15 countries

• Decision taken at national level

Obstacles:• Data and advice needed from several authorities

• Few procedural time limits and hardly any sanctions

• Final decision often remains with minister/president; hardly any are independent (CA’s citizenship judges, BE Public Prosecutor’s Office)

ReviewOpportunities: • Right to reasoned decision & appeal in most (recently BE, PL)

• Appeal before courts on procedural & substantive aspects

Obstacles:• Short time limits (also long duration, little legal aid…)

• Courts rarely can change the decision in merit (see FI, FR, LV, LU, ES)

• Tests often missing either reasoned decision or right to appeal (weakest in Central & Southern Europe, FI, LU, NL, NO, PT, UK; strongest in FR, LV, ES, CH)

ConclusionsMajor administrative opportunities• Basic promotional materials • Some limits on discretion • Specialised authorities at national level • Right to reasoned decision & appeal

Major administrative obstacles• Country of Origin documents • Uneven humanitarian & vulnerability exemptions• Few time limits • Discretion, esp. Central & Southern Europe • Few campaigns

• Law & procedure are generally linked, should be examined together (e.g. MIPEX)

• Promotion may not be effective with major legal obstacles & wide discretion

• Greater bureaucracy linked to demanding documentation & wide discretion

• 1997 Council of Europe Convention on Nationality norms on review & reasoned decision could apply not only to procedure, but also to related ‘tests’